52 Ancestors in 52 Weeks
Week 21
Prompt – Crime and Punishment PART FOUR
I continue this convoluted crime story of the robbery come murder of the Bank of Montreal bank manager, Mr. H. M. Arnold. It happened December 3, 1913 in the town of Plum Coulee. This is the place where my great Uncle William Dyck owned and operated a livery/barn. William Dyck drove the “murder car” from the scene of the crime with John or Jack Krafchenko as his passenger. Whether he was part of the plot or not was still not known.
The Royal Commission was put together on the same day of Krafchenko's escape. They interrogated Constable Reid for 10 hours. He was one of two guards that were guarding Kraf at the time of his escape. On January 21, 1914, Reid broke down and confessed and was promptly arrested after standing down from the Royal Commission interrogation. On January 29th he was sentenced to 7 years which was the maximum that could be given.
While the trial of Constable Reid was going on Krafchenko was found in a Winnipeg rooming house and arrested without resistance on January 19th.
Winnipeg jails were now busting at their seams. The city was in disbelief about the depth of the conspiracy and it was all anybody talked about. District courts at the time only came around once or twice a year. This was a logistical nightmare to get organized.
Hagel's father (N.F. Hagel) a noted criminal lawyer from United States became Percy Hagel's attorney. Percy Hagel was also denied bail and in the beginning he was not allowed to see his lawyer. Hagel and Westlake were tried together for some unknown reason. Three days after the preliminary trial begun, they were committed to a trial in an higher court for aiding and abetting a fugitive from justice and the escape of a prisoner. Buxton and Holt were not charged with anything.
Percy Hagel was finally allowed bail on February 11th. It is also reported that at that time, Krafchenko was allowed a visitor, his wife and 4 month old son visited him but a few minutes. They could only converse in English which his wife knew very little.
March 9 was the opening trial of Hagel/Westlake. The lawyers and judge battle over whether Krafchenko will be needed as witness for the defence or even allowed to be a witness. The first day was spent on this argument and nothing was accomplished much to the chagrin of the crowd gathered in the courtroom. Percy Hagel's lawyers were fighting for a dismissal of the trial due to the fact that the crown commission was published in the newspapers and it would be impossible to get a fair jury. The judge decided to think it over and set the trial over to the next day.
The judges decision to allow Krafchenko to be witness at the Hagel/Westlake trial caused a delay of Krafchenko's trial. Kraf's trial was in Morden and he couldn't be released until the Winnipeg trial was done with his testimony.
Krafchenko's trial was to start on Monday, March 10 in Morden. Chief Justice Mathers arrived on the morning train from Winnipeg along with other officials. He was aware of the complications in the Winnipeg trial that would cause a delay in his case. None the less he started at the expected time of noon.
After this it was immediately adjourned til 2pm as the rest of the jurors would not arrive in Morden until the 1pm train arrived. This is the jury who will recommend that there is enough evidence to proceed to a grand jury trial. Justice Mathers charges his jury on their duties. By the next day they indicted Jack Krafchenko for murder and robbery. The trial will begin the following Monday in Morden, Manitoba.
Meanwhile in Winnipeg, the 2nd day of the trial had started with the choosing of 12 jury men from 59 candidates. The process and challenges went on all day. The next day the jury was in place and trial began with examination and cross examination of witnesses. The Winnipeg trial drags on and by Monday March 16, when Kraf was suppose to go to his own trial he was still waiting in Winnipeg to be witness for the defence. The next afternoon he finally was called to the stand at the trial of Hagel / Westlake. There was a publication ban and what was discussed was not for the public.
First thing the next morning, Krafchenko was shackled, cuffed and in attendance of a half dozen police and was put in the baggage car of the train headed for Morden. By noon he was in court on his arraignment and he plead not guilty. The court was set to reconvene that afternoon.
Upon reconvening Mr. Suffield, Krafchenko's lawyer asked for an adjournment to discuss the probability of getting a fair trial. Mathers denied his request and the trial finally began a week and a half after it was suppose to start.
By Mar 25 there seemed to be good progress in the Morden trial despite less than 1/5 of the crown's witnesses being called. The trial is expected to go on for two weeks.
That afternoon while in recess, the police guarding Krafchenko were freely chatting when it was noticed that Krafchenko had a key in his hand. The police quickly took it while Krafchenko laughingly told them it could have easily been a gun. From that moment on his legs were shackled when out of the prison.
Meanwhile back in Winnipeg; Friday evening March 24, Hagel and Westlake are found guilty.of conspiracy and assisting escape.
In an another weird twist, the following Tuesday morning two jurors in the Hagel/Westlake trial met with Judge Mathers and said that the jury made a mistake and it was suppose to be guilty of one offence each and a plea for clemency by the jury. However the following day the other 10 jury members came forward and said that was not the case. They had all agreed on guilty of both accounts. The original charge stood. By the next day the crown for Hagel/Westlake asked for a appeal trial because the judge had committed at least 34 offences in the procedure of the trial that were presented him by Mr Hagel, Percy's father and lawyer. The Judge took exception but Hagel continued to battle it out with him. The judge decided to think about it and reconvene on Saturday morning.
By Saturday Judge Mathers gave his sentence for the two men. Percy Hagel got 3 years while Westlake was given 2 years. No decision for an appeal trial had been given by Justice Mathers.
Meanwhile back in Morden court; by March 25th many witnesses were called to prove Krafchenko's movements in Plum Coulee prior to the murder. In the Morden court on Mar 26th the trial is progressing for the crown with 39 witnesses seen and 34 more to go. Today is the day that William Dyck is to be on the stand. It is felt that this will take more than one day on the stand. He is the key witness. Morden city is overflowing with people who have come from all over southern Manitoba to watch the proceedings.
Mr. Dyck has now presented his version of the truthful story involving driving Krafchenko out of Plum Coulee. Wm Dyck said he had given the first story because he was afraid of the possibility of revenge from Krafchenko.
The long trial was extended to Tuesday
April 7. In his closing remarks to the jury, Mr Suffield took the shredded William Dyck's testimony.
Thursday April 9, 1914, Krafchenko is found guilty. The jury was out for less than two hours. All agreed on the first vote. Court is recessed for 2 hours and then Judge Mathers will pass Krafchenko's sentence.
I will try to wrap this sensational crime story in my next blog.
Wendy
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